Subpart D-What Conditions Must Be Met After an Award? $401.30 How do the Indian Self-Determination Act and the Act of April 16, 1934 affect awards under the Indian Vocational Education Program? (a) Grants, cooperative agreements, or contracts with tribal organizations are subject to the terms and conditions of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f). These awards must be conducted by the recipient or contractor in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, that are relevant to the projects administered under this part. Section 4 contains requirements pertaining to submission of an education plan by a contractor. Section 5 pertains to participation of parents of Indian children. Section 6 pertains to reimbursement for educating non-resident students. (b) Grants to Bureau-funded schools are not subject to the requirements of the Indian Self-Determination Act or the Act of April 16, 1934. (Authority: 20 U.S.C. 2313 (b)(1)(A)(ii)(I) and (II)) 8401.31 What are the evaluation requirements? (a) Each grantee shall annually provide and budget for either an internal or external evaluation, or both, of its activities. (b) The evaluation must be both formative and summative in nature. (c) The annual evaluation must include (1) Descriptions and analyses of the accuracy of records and the validity of measures used by the project to establish and report on the academic and vocational competencies demonstrated and the academic and work credentials acquired; (2) Descriptions and analyses of the accuracy of records and the validity of measures used by the project to establish and report on participant enrollment, completion, and placement by sex and socio-economic status for each occupation for which training has been provided; (3) The grantee's progress in achieving the objectives in its approved appli § 402.2 Who is eligible for an award? Any organization that primarily serves and represents native Hawaiians and that is recognized by the Governor of the State of Hawaii is eligible to apply for an award under this program. (Authority: 20 U.S.C. 2313(c)) § 402.3 What activities may the Secretary fund? The Secretary provides assistance through grants, contracts, or cooperative agreements to plan, conduct, and administer programs, or portions of programs, that provide vocational training and related activities for the benefit of native Hawaiians. (Authority: 20 U.S.C. 2313(c)) § 402.4 What regulations apply? The following regulations apply to the Native Hawaiian Vocational Education Program: (a) The regulations in 34 CFR part 400. (b) The regulations in this part 402. (Authority: 20 U.S.C. 2313(c)) § 402.5 What definitions apply? The following definitions apply to the Native Hawaiian Vocational Education Program: (a) The definitions in 34 CFR 400.4 apply to this part. (b) The following definition also applies to this part: Native Hawaiian means any individual who has any ancestors who were natives, prior to 1778, of the area that now comprises the State of Hawaii. (Authority: 20 U.S.C. 2313(a)(1)(B)) Subpart B-(Reserved) Subpart C-How Does the § 402.20 How does the Secretary evaluate an application? (a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 402.21. (b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 402.21. (c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion. (d) For each competition, as announced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 402.21. (Authority: 20 U.S.C. 2313(c)) § 402.21 What selection criteria does the Secretary use? The Secretary uses the following selection criteria to evaluate an application: (a) Program design. (35 points) The Secretary reviews each application to determine the extent to which (1) The application presents a complete program design, including identifying the services to be provided, who will provide them, how they will be provided, and the expected outcomes for each activity; (2) The proposed program is designed to meet the identified vocational education needs of native Hawaiians; (3) The application proposes an effective plan for coordination with the office of the Hawaii State director for vocational education; and (4) If vocational training is proposed within the project (i) Proposes measurable goals for student enrollment, completion, and placement. (ii) Proposes goals that take into consideration any related standards and measures developed for Job Opportunities and Basic Skills (JOBS) programs (42 U.S.C. 681 et seq.) and any Job Training Partnership Act (JTPA) (29 U.S.C. 1501 et seq.) programs in that geographic area; (iii) Proposes goals that take into consideration any standards set by the State board for vocational education for the occupation and geographic area; and (iv) Describes how successful program completion will be determined for each occupation for which training is to be provided, in terms of the academic and vocational competencies demonstrated by enrollees prior to suc cessful completion and any academic or work credentials acquired upon completion. (b) Management plan. (25 points) The Secretary reviews each application to determine the quality of the management plan for the project, including (1) The chain of command, how staff will be managed, how coordination among staff will be accomplished, and timelines for each activity; (2) A clear description of the interrelationship among goals, objectives, and activities; (3) The way the applicant plans to use the resources and personnel from the grant to achieve each objective; and (4) How any contracts awarded by the grantee will be awarded, monitored, and evaluated. (c) Key personnel. (10 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including— (i) The qualifications of the project director; (ii) The qualifications of each of the other key personnel to be used on the project; (iii) The time, including justification for the time, that each one of the key personnel, including the project director, will commit to the proposed project; and (iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that personnel for this project are selected for employment without regard to race, color, national origin, gender, age, or disabling condition. (2) To determine personnel qualifications, the Secretary considers (i) The experience and training of key personnel in project management and in fields particularly related to the objectives of the project; and (ii) Any other qualifications of key personnel that pertain to the quality of the project. (d) Evaluation plan. (10 points) (1) The Secretary reviews each application to determine the quality of the project's plan for an independent evaluation of the project, including, if applicable, the extent to which the plan includes activities during the forma tive stages of the project to help guide and improve the project, as well as a final evaluation that includes summary data and recommendations. (2) The Secretary reviews each application to determine whether, for any training programs proposed (i) The plan identifies, at a minimum, types of data to be collected and reported with respect to the academic and vocational competencies demonstrated by participants and the number and kinds of academic and work credentials acquired by completers; and (ii) The plan identifies, at a minimum, types of data to be collected and reported with respect to enrollment, completion, and placement of participants by sex and socio-economic status for each occupation for which training is provided. (e) Budget and cost-effectiveness. (5 points) The Secretary reviews each application to determine the extent to which (1) The budget is detailed and tied to the proposed activities; (2) The budget narrative is explanatory and justifies expenses; (3) The budget is adequate to support the project; and (4) Costs are reasonable in relation to the objectives of the project. (Approved by the Office of Management and Budget under Control No. 1830-0013) (Authority: 20 U.S.C. 2313(c)) Subpart D-What Conditions Must Be Met After an Award? § 402.30 What are the evaluation requirements? (a) Each grantee shall annually provide and budget for an external evaluation of its activities. (b) The evaluation must be both formative and summative in nature. (c) The annual evaluation must include (1) The grantee's progress in achieving the objectives in its approved application, including any approved revisions of the application; and (2) If applicable, actions taken by the grantee to address significant barriers impeding progress when training is provided by the project, including— (i) Descriptions and analyses of the accuracy of records and the validity of measures used by the project to establish and report on the academic and vocational competencies demonstrated and the academic and work credentials acquired; and (ii) Descriptions and analyses of the accuracy of records and the validity of measures used by the project to establish and report on participant enrollment, completion, and placement by sex and socio-economic status for each occupation for which training has been provided. (Approved by the Office of Management and Budget under Control No. 1830-0013) (Authority: 20 U.S.C. 2313(c)) Subpart B-What Are the State's Organiza tional and Planning Responsibilities? 403.10 What is the State board? 403.11 What are the principal responsibilities of the State board? 403.12 What are the additional responsibilities of the State board? 403.13 What are the personnel requirements regarding the elimination of sex discrimination and sex stereotyping? 403.14 What are the personnel requirements regarding coordination with services for individuals with disabilities? 403.15 What are the personnel requirements regarding coordination with services under chapter 1 of title I of the Elementary and Secondary Education Act? 403.16 What are the personnel requirements regarding coordination with programs for individuals of limited English proficiency? 403.17 What are the State's responsibilities regarding a State council on vocational education? 403.18 What are the membership requirements of a State council on vocational education? 403.19 What are the responsibilities of a State council on vocational education? 403.63 How does a State carry out the State Vocational and Applied Technology Education Program? STATE PROGRAMS and StaTE LEADERSHIP ACTIVITIES 403.70 How must funds be used under the State Programs and State Leadership Activities? 403.71 In what additional ways may funds be used under the State Programs and State Leadership Activities? SINGLE PARENTS, DISPLACED HOMEMAKERS, AND SINGLE PREGNANT WOMEN PROGRAM 403.80 Who is eligible for a subgrant or contract? 403.81 How must funds be used under the Single Parents, Displaced Homemakers, and Single Pregnant Women Program? 403.82 In what settings may the Single Parents, Displaced Homemakers, and Single Pregnant Women Program be offered? SEX EQUITY PROGRAM 403.90 Who is eligible for a subgrant or contract? 403.91 How must funds be used under the Sex Equity Program? 403.92 Under what circumstances may the age limit under the Sex Equity Program be waived? PROGRAMS FOR CRIMINAL OFFENDERS 403.100 What are the requirements for designating a State corrections educational agency to administer the Programs for Criminal Offenders? 403.101 How must funds be used under the SECONDARY, POSTSECONDARY, AND ADULT 403.110 Who is eligible for a subgrant or con- number of economically disadvantaged students attending vocational education programs under the Secondary School Vocational Education Program? 403.115 What appeal procedures must be established under the Secondary School Vocational Education Program? 403.116 How does a State allocate funds under the Postsecondary and Adult Vocational Education Programs? 403.117 What definitions apply to the Post secondary and Adult Vocational Education Programs? 403.118 Under what circumstances may the Secretary waive the distribution requirements for the Postsecondary and Adult Vocational Education Programs? 403.119 Under what circumstances may the State waive the distribution requirements for Secondary School Vocational Education Program or the Postsecondary and Adult Vocational Education Programs? 403.120 How does a State reallocate funds under the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs? Subpart F-What Kinds of Activities Does the Secretary Assist Under the Special Programs? GENERAL 403.130 What are the Special Programs? 403.131 Who is eligible for an award under the Special Programs? VOCATIONAL EDUCATION SUPPORT PROGRAMS BY COMMUNITY-BASED ORGANIZATIONS 403.140 What activities does the Secretary support under the State Assistance for Vocational Education Support Programs by Community-Based Organizations? 403.141 What are the application requirements for the State Assistance for Vocational Education Support Programs by Community-Based Organizations? CONSUMER AND HOMEMAKING EDUCATION 403.150 What activities does the Secretary support under the Consumer and Homemaking Education Programs? 403.151 How must funds be used under the Consumer and Homemaking Education Programs? COMPREHENSIVE CAREER GUIDANCE AND 403.160 What activities does the Secretary support under the Comprehensive Career Guidance and Counseling Programs? 403.161 How must funds be used under the Comprehensive Career Guidance and Counseling Programs? BUSINESS-LABOR-EDUCATION PARTNERSHIP 403.170 What activities does the Secretary support under the Business-Labor-Education Partnership for Training Program? 403.171 Who is eligible to apply to a State board for an award? 403.172 What special considerations must Subpart G-What Financial Conditions 403.180 How must a State reserve funds for the basic programs? 403.181 What are the cost-sharing require ments applicable to the basic programs? 403.182 What is the maintenance of fiscal effort requirement? 403.183 Under what circumstances may the Secretary waive the maintenance of effort requirement? 403.184 How does a State request a waiver of the maintenance of effort requirement? 403.185 How does the Secretary compute maintenance of effort in the event of a waiver? 403.186 What are the administrative cost requirements applicable to a State? |